COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 262
(By Senator Tomblin, Mr. President)
____________
[Originating in the Committee on Health and Human
Resources; reported February 23, 1996.]
____________
A BILL to amend and reenact article four-c, chapter sixteen of
the code of West Virginia, one thousand nine hundred thirty-
one, as amended; and to further amend said article by adding
thereto a new section, designated section six-a, all
relating to establishing emergency medical services
agencies; defining new terms and amending certain
definitions; deleting references to the director; placing
the office of emergency medical services within the bureau
of public health; amending the composition of the advisory
council, defining the length of members terms, terminating
the existing council and appointing a new council on a date
certain, staggering terms of newly appointed members;
authorizing licensure of emergency medical services
agencies, authorizing promulgation of legislative rules to determine licensure fees; deleting obsolete references to
past-time requirements; establishing criminal penalties for
violations of licensure; authorizing legislative rules for
determining the services that may be provided by each class
of personnel; and creating criminal penalties for
obstructing, interfering with or causing bodily injury, and
defining penalties.
Be it enacted by the Legislature of West Virginia:
That article four-c, chapter sixteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted; and that said article be further amended
by adding thereto a new section, designated section six-a, all to
read as follows:
ARTICLE 4C. EMERGENCY MEDICAL SERVICES ACT.
§16-4C-1. Short title.
This article shall be known as the "Emergency Medical
Services Act of 1996".
§16-4C-2. Purposes of article.
The Legislature finds and declares: (1) That the safe and
efficient operation of life-saving and life-preserving emergency
medical service to meet the needs of citizens of this state is a
matter of general public interest and concern; (2) to ensure the
provision of adequate emergency medical services within this
state for the protection of the public health, safety and welfare, it is imperative that minimum standards for emergency
medical service personnel be established and enforced by the
state; (3) that emergency medical service personnel should meet
minimum training standards promulgated by the commissioner; (4)
that it is the public policy of this state to enact legislation
to carry out these purposes and comply with minimum standards for
emergency medical service personnel as specified herein; (5) that
any patient who receives emergency medical service and who is
unable to consent thereto should be liable for the reasonable
cost of such service; and (6) that it is the public policy of
this state to encourage emergency medical service agencies to do
any and all things necessary or convenient to carry out the
powers given in this article unless otherwise forbidden by law.
§16-4C-3. Definitions.
As used in this article, unless the context clearly requires
a different meaning:
(a) "Ambulance" means any privately or publicly-owned
vehicle or aircraft which is designed, constructed or modified;
equipped or maintained; and operated for the transportation of
patients;
(b) "Commissioner" means the commissioner of the bureau of
public health;
(c) "Council" means the emergency medical service advisory
council created pursuant to section five of this article;
(d) "Emergency medical services" means all services which
are set forth in P.L. 93-154 "The Emergency Medical Services Act
of 1973" and those included in and made a part of the emergency
medical services plan of the department of health and human
resources inclusive of, but not limited to, responding to real or
perceived medical needs of an individual to prevent the loss of
life or aggravation of illness or injury;
(e) "Emergency medical service agency" means any agency
licensed under section six-a of this article to provide emergency
medical services;
(f) "Emergency medical service attendant" means a person
certified by the commissioner pursuant to the provisions of
section eight of this article to render the services authorized
pursuant to the provisions of section fourteen of this article;
(g) "Emergency medical service personnel" means any person
certified by the commissioner to provide emergency medical
services authorized in section eight of this article and
includes, but is not limited to, emergency medical service
attendant, emergency medical technician-basic and emergency
medical technician-paramedic;
(h) "Emergency medical service provider" means any
authority, person, corporation, partnership or other entity,
public or private, which owns or operates a licensed emergency medical services agency providing emergency medical service in
this state;
(i) "Emergency medical technician-basic" means a person
certified by the commissioner pursuant to the provisions of
section eight of this article to render the services authorized
pursuant to the provisions of section fourteen of this article;
(j) "Emergency medical technician-paramedic" means a person
certified by the commissioner pursuant to the provisions of
section eight of this article to render services as authorized
pursuant to the provisions of section fourteen of this article;
(k) "Governing body" has the meanings ascribed to it as
applied to a municipality in subdivision (1), subsection (b),
section two, article one, chapter eight of this code;
(l) "Line officer" means the emergency medical service
personnel, present at the scene of an accident, injury or
illness, who has taken the responsibility for patient care;
(m) "Medical command" means the issuing of orders by a
physician from a medical facility to emergency medical service
personnel for the purpose of providing appropriate patient care;
(n) "Municipality" has the meaning ascribed to it in
subdivision (1), subsection (a), section two, article one,
chapter eight of this code;
(o) "Patient" means any person who is a recipient or potential recipient of the services provided by emergency medical
services;
(p) "Service reciprocity" means the provision of emergency
medical services to citizens of this state by emergency medical
service personnel certified to render those services by a
neighboring state; and
(q) "Small emergency medical service provider" means any
emergency medical service provider which is made up of less than
twenty emergency medical service personnel.
§16-4C-4. Office of emergency medical services created;
staffing.
There is hereby created within state government under the
commissioner of the bureau of public health an office to be known
as the office of emergency medical services.
The commissioner may employ any technical, clerical,
stenographic and other personnel as may be necessary to carry out
the purposes of this article. The personnel may be paid from
funds appropriated therefor or from other funds as may be made
available for carrying out the purposes of this article.
The office of emergency medical services as created by
former section four, article four-d of this chapter, shall
continue in existence as the office of emergency medical services
established by this section.
§16-4C-5.Emergency medical services advisory council; duties, composition, appointment, meetings, compensation and
expenses; continuation.
The emergency medical services advisory council, heretofore
created and established by former section seven of this article,
shall be continued for the purpose of developing, with the
commissioner, standards for emergency medical service personnel
and for the purpose of providing advice to the office of
emergency medical services and the commissioner with respect to
reviewing and making recommendations for and providing assistance
to the establishment and maintenance of adequate emergency
medical services for all portions of this state.
The council shall have the duty to advise the commissioner
in all matters pertaining to his or her duties and functions in
relation to carrying out the purposes of this article.
The council shall be composed of fifteen members appointed
by the governor by and with the advice and consent of the Senate.
The mountain state emergency medical services association shall
submit to the governor a list of six names of representatives
from their association and a list of three names shall be
submitted to the governor of representatives of their respective
organizations by the county commissioners' association of West
Virginia, the West Virginia state firemen's association, the West
Virginia hospital association, the West Virginia chapter of the
American college of emergency physicians, the West Virginia emergency medical services administrators association, the West
Virginia emergency medical services coalition, the ambulance
association of West Virginia, the county commissioner's
association and the state department of education. The governor
shall appoint from the respective lists submitted, two persons
who represent the mountain state emergency medical services
association, one of whom shall be a paramedic and one of whom
shall be an emergency medical technician-basic, and one person
from the county commissioners' association of West Virginia, the
West Virginia state firemen's association, the West Virginia
hospital association, the West Virginia chapter of the American
college of emergency physicians, the West Virginia emergency
medical services administrators association, the West Virginia
emergency medical services coalition, the ambulance association
of West Virginia and the state department of education. In
addition the governor shall appoint one person to represent
emergency medical service providers operating within the state,
one person to represent small emergency medical service providers
operating within this state and three persons to represent the
general public. Not more than six of the members may be
appointed from any one congressional district.
The current advisory council members' terms shall end on the
thirtieth day of July, one thousand nine hundred ninety-six and, pursuant to the provisions of this section, the governor shall
appoint an advisory council on the first day of July, one
thousand nine hundred ninety-six. Of those first appointed, one-
third shall serve for one year, one-third shall serve for two
years and one-third shall serve for three years. Each subsequent
term is to be for three years and no member may serve more than
four consecutive terms.
The council shall choose its own chairman and meet at the
call of the commissioner at least twice a year.
The members of the council may be reimbursed for any and all
reasonable and necessary expenses actually incurred in the
performance of their duties.
The Legislature hereby finds and declares that the emergency
medical services advisory council should be continued and
reestablished. Accordingly, notwithstanding the provisions of
article ten, chapter four of this code, the emergency medical
services advisory council shall continue to exist until the first
day of July, one thousand nine hundred ninety-seven, to allow for
monitoring of compliance with recommendations contained in the
preliminary performance review through the joint committee on
government operations.
§16-4C-6. Powers and duties of commissioner.
The commissioner shall have the following powers and duties:
(a) In accordance with chapter twenty-nine-a of this code, to promulgate rules regarding the age, training, retraining,
testing, certification and recertification of emergency medical
service personnel: Provided, That the commissioner may not
promulgate any rule required by the provisions of this article
until it is approved by the emergency medical services advisory
council. The council may take no action unless a quorum is
present;
(b) To apply for, receive and expend advances, grants,
contributions and other forms of assistance from the state or
federal government or from any private or public agencies or
foundations to carry out the provisions of this article;
(c) To design, develop and annually review a statewide
emergency medical services implementation plan. The plan shall
recommend aid and assistance and all other acts necessary to
carry out the purposes of this article:
(1) To encourage local participation by area, county and
community officials and regional emergency medical services
boards of directors; and
(2) To develop a system for monitoring and evaluating
emergency medical services programs throughout the state;
(d) To provide professional and technical assistance and to
make information available to regional emergency medical services
boards of directors and other potential applicants or program sponsors of emergency medical services for purposes of developing
and maintaining a statewide system of services;
(e) To assist local government agencies, regional emergency
medical services boards of directors and other public or private
entities in obtaining federal, state or other available funds and
services;
(f) To cooperate and work with federal, state and local
governmental agencies, private organizations and other entities
as may be necessary to carry out the purposes of this article;
(g) To acquire in the name of the state by grant, purchase,
gift, devise or any other methods appropriate real and personal
property as may be reasonable and necessary to carry out the
purposes of this article;
(h) To make grants and allocations of funds and property so
acquired or which may have been appropriated to the agency to
other agencies of state and local government as may be
appropriate to carry out the purposes of this article;
(i) To expend and distribute by grant or bailment funds and
property to all state and local agencies for the purpose of
performing the duties and responsibilities of the agency all
funds which it may have so acquired or which may have been
appropriated by the Legislature of this state;
(j) To develop a program to inform the public concerning emergency medical services;
(k) To review and disseminate information regarding federal
grant assistance relating to emergency medical services;
(l) To prepare and submit to the governor and Legislature
recommendations for legislation in the area of emergency medical
services;
(m) To review, make recommendations for and assist in all
projects and programs that provide for emergency medical services
whether or not the projects or programs are funded through the
office of emergency medical services. A review and approval
shall be required for all emergency medical services projects,
programs or services for which application is made to receive
state or federal funds for their operation after the effective
date of this act; and
(n) To take all necessary and appropriate action to
encourage and foster the cooperation of all emergency medical
service providers and facilities within this state.
Nothing in this article may be construed to allow the
commissioner to dissolve, invalidate or eliminate any existing
emergency medical service program or ambulance providers in
service at the time of adoption of the amendment to this article
in the regular session of the Legislature in the year one
thousand nine hundred eighty-four, or to deny them fair access to federal and state funding, medical facilities and training
programs.
§16-4C-6a. Emergency medical services agency licensure.
Any person who proposes to establish or maintain an
emergency medical services agency shall file an application with
the commissioner. The application is to include the identity of
the applicant, any parent or affiliated entity, the proposed
level of service and the number of emergency medical service
response vehicles of the agency or proposed agency. The
commissioner may require that additional information be included
on each application.
Upon receipt and review of the application the commissioner
shall issue a license if he or she finds that the applicant meets
the requirements and quality standards, to be established by the
commissioner, for an emergency medical services agency license.
Upon review and consultation with the advisory council the
commissioner may, pursuant to the provisions of article three,
chapter twenty-nine-a of this code, establish reasonable fee
schedules for application and licensure.
§16-4C-7. Vehicles, aircraft and persons aboard them exempted
from requirements of article.
The following vehicles and aircraft are exempted from the
provisions of this article and rules promulgated pursuant to it
and persons aboard them are not required to comply with the provisions of section eight of this article:
(a) Privately-owned vehicles and aircraft not ordinarily
used in the business or service of transporting patients;
(b) Vehicles and aircraft used as ambulances in case of a
catastrophe or emergency when the ambulances normally staffed by
certified emergency medical service personnel based in the
locality of the catastrophe or emergency are insufficient to
render the service required;
(c) Ambulances based outside this state, except that
emergency medical service personnel aboard any such ambulance
receiving a patient within this state for transportation to a
location within this state shall comply with the provisions of
this article and the rules promulgated pursuant to it except in
the event of a catastrophe or emergency when the ambulances
normally staffed by certified emergency medical service personnel
based in the locality of the catastrophe or emergency are
insufficient to render the services required;
(d) Ambulances owned by or operated under the direct control
of a governmental agency of the United States; and
(e) Vehicles and aircraft designed primarily for rescue
operations which do not ordinarily transport patients.
§16-4C-8. Standards for emergency medical service personnel.
(a) Every ambulance operated by an emergency medical service
agency shall carry at least two personnel. At least one person shall be certified in cardiopulmonary resuscitation or first aid
and the person in the patient-compartment shall be minimally
certified as an emergency medical technician-basic.
(b) As a minimum the training for each class of emergency
medical service personnel shall include:
(1) Emergency medical service attendant: Shall have earned
and possess valid certificates from the department or by
authorities recognized and approved by the commissioner;
(2) Emergency medical technician-basic: Shall have
successfully completed the course for certification as an
emergency medical technician-basic as established by the
commissioner or authorities recognized and approved by the
commissioner; and
(3) Emergency medical technician-paramedic: Shall have
successfully completed the course for certification as an
emergency medical technician-paramedic established by the
commissioner or authorities recognized and approved by the
commissioner.
The foregoing may not be considered to limit the power of
the commissioner to prescribe training, certification and
recertification standards.
(c) Any person desiring emergency medical service personnel
certification shall apply to the commissioner using forms and procedures prescribed by the commissioner. Upon receipt of the
application, the commissioner shall determine whether the
applicant meets the certification requirements and may examine
the applicant, if necessary to make that determination. If it is
determined that the applicant meets all of the requirements, the
commissioner shall issue an appropriate emergency medical service
personnel certificate which shall be valid for a period as
determined by the commissioner.
(d) The commissioner may issue a temporary emergency
medical service personnel certificate to an applicant, with or
without examination of the applicant, when he or she finds that
issuance to be in the public interest. Unless suspended or
revoked, a temporary certificate shall be valid initially for a
period not exceeding one hundred twenty days and may not be
renewed unless the commissioner finds the renewal to be in the
public interest. The expiration date of a temporary certificate
shall be extended until the holder is afforded at least one
opportunity to take an emergency medical service personnel
training course within the general area where he or she serves as
an emergency medical service personnel, but the expiration date
may not be extended for any longer period of time or for any
other reason.
§16-4C-9. Suspension or revocation of certificate or
temporary
certificate.
(a) The commissioner may at any time upon his or her own
motion, and shall, upon the verified written complaint of any
person, cause an investigation to be conducted to determine
whether there are any grounds for the suspension or revocation of
a certificate or temporary certificate issued under the
provisions of this article.
(b) The commissioner shall suspend or revoke any certificate
or temporary certificate when he or she finds the holder thereof
has:
(1) Obtained a certificate or temporary certificate by means
of fraud or deceit; or
(2) Been grossly incompetent, and/or grossly negligent as
defined by the commissioner in accordance with rules or by
prevailing standards of emergency medical services care; or
(3) Failed or refused to comply with the provisions of this
article or any reasonable rule promulgated by the commissioner
hereunder or any order or final decision of the commissioner.
(c) The commissioner shall suspend or revoke any certificate
or temporary certificate if he or she finds the existence of any
grounds which would justify the denial of an application for the
certificate or temporary permit if application were then being
made for it.
§16-4C-10. Notice of refusal, suspension or revocation of
certificate; appeals to commissioner; judicial review.
An application for an original, renewal or temporary
emergency medical service personnel certificate, shall be acted
upon by the commissioner and the certificate delivered or mailed,
or a copy of any order of the commissioner denying any such
application delivered or mailed to the applicant, within fifteen
days after the date upon which the application including test
scores, if applicable, was received by the commissioner.
Whenever the commissioner refuses to issue an emergency
medical service personnel certificate or a temporary emergency
medical service personnel certificate, or suspends or revokes an
emergency medical service personnel certificate, or a temporary
emergency medical service personnel certificate, he or she shall
make and enter an order to that effect, which shall specify the
reasons for the denial, suspension or revocation, and shall cause
a copy of the order to be served in person or by certified mail,
return receipt requested, on the applicant or certificate holder,
as the case may be.
Whenever a certificate is suspended or revoked, the
commissioner shall in the order of suspension or revocation
direct the holder thereof to return his or her certificate to the
commissioner. It shall be the duty of the certificate holder to
comply with any such order following expiration of the period
provided for an appeal to the commissioner.
Any applicant or certificate holder, adversely affected by
an order made and entered by the commissioner may appeal to the
commissioner for an order vacating or modifying the order or for
such order as the commissioner should have entered. The person
so appealing shall be known as the appellant. An appeal shall be
perfected by filing a notice of appeal with the commissioner
within ten days after the date upon which the appellant received
the copy of the order. The notice of appeal shall be in a form
and contain the information prescribed by the commissioner, but
in all cases shall contain a description of any order appealed
from and the grounds for the appeal. The filing of the notice of
appeal shall operate to stay or suspend execution of any order
which is the subject matter of the appeal. All of the pertinent
provisions of article five, chapter twenty-nine-a of this code
apply to and govern the hearing on appeal and the administrative
procedures in connection with and following the hearing, with
like effect as if the provisions of article five, chapter twenty-
nine-a of this code were set forth in extenso herein.
The commissioner shall set a hearing date which shall be not
less than ten days after he or she received the notice of appeal
unless there is a postponement or continuance. The commissioner
may postpone or continue any hearing on his or her own motion, or
for good cause shown upon the application of the appellant. The appellant shall be given notice of the hearing in person or by
certified mail, return receipt requested. Any such hearing shall
be held in Charleston, Kanawha county, West Virginia, unless
another place is specified by the commissioner.
After the hearing and consideration of all of the testimony,
evidence and record in the case, the commissioner shall make and
enter an order affirming, modifying or vacating his or her
initial order or shall make and enter any new order. The order
shall be accompanied by findings of fact and conclusions of law
as specified in section three, article five, chapter twenty-nine-
a of this code, and a copy of the order and accompanying findings
and conclusions shall be served upon the appellant, in person or
by certified mail, return receipt requested. The order of the
commissioner shall be final unless vacated or modified upon
judicial review thereof.
Any appellant adversely affected by a final order made and
entered by the commissioner is entitled to judicial review
thereof. All of the pertinent provisions of section four,
article five, chapter twenty-nine-a of this code shall apply to
and govern the review with like effect as if the provisions of
section four, article five, chapter twenty-nine-a of this code
were set forth in extenso herein. The judgment of the circuit
court shall be final unless reversed, vacated or modified on appeal to the supreme court of appeals in accordance with the
provisions of section one, article six, chapter twenty-nine-a of
this code.
§16-4C-11. Liability for cost of emergency medical service.
Any patient who receives an emergency medical service and
who is unable to give his or her consent to or contract for the
service, whether or not he or she has agreed or consented to
liability for the service, shall be liable in implied contract to
the entity providing the emergency medical service for the cost
thereof.
Any person who receives an emergency medical service upon
his or her request for the service shall be liable for the cost
thereof.
§16-4C-12. Violations; criminal penalties.
Any person who knowingly violates any condition of licensure
or operates an ambulance with an insufficient number of emergency
medical service personnel aboard when not lawfully permitted to
do so, or who represents himself or herself as a certified
emergency medical service personnel knowing the representation to
be untrue, is guilty of a misdemeanor, and, upon conviction
thereof, shall be fined not less than one hundred dollars nor
more than one thousand dollars.
§16-4C-13. Actions to enjoin violations; injunctive relief.
Whenever it appears to the commissioner that any person has been or is violating or is about to violate any provision of this
article or any final order of the commissioner, the commissioner
may apply in the name of the state, to the circuit court of the
county in which the violation or any part thereof has occurred,
is occurring or is about to occur, for an injunction against the
person and any other persons who have been, are or are about to
be, involved in, or in any way participating in, any practices,
acts or omissions, so in violation, enjoining the person or
persons from any such violation. The application may be made and
prosecuted to conclusion whether or not any such violation has
resulted or shall result in prosecution or conviction under the
provisions of section twelve of this article.
Upon application by the commissioner, the circuit courts of
this state may by mandatory or prohibitory injunction compel
compliance with the provisions of this article and all final
orders of the commissioner.
The circuit court may issue a temporary injunction in any
case pending a decision on the merits of any application filed.
The judgment of the circuit court upon any application
permitted by the provisions of this section shall be final unless
reversed, vacated or modified on appeal to the supreme court of
appeals. Any such appeal shall be sought in the manner and
within the time provided by law for appeals from circuit courts in other civil cases.
§16-4C-14. Services that may be performed by emergency medical
service personnel.
Notwithstanding any other provision of law, emergency
medical service personnel, by each class, may provide the
services as determined by the commissioner by legislative rule
pursuant to the provisions of article three, chapter twenty-nine-
a.
§16-4C-15. Powers of emergency medical service attendants,
emergency medical technicians-basic and emergency
medical technicians-paramedic during emergency
communications failures and disasters.
(a) In the event of a communications failure between the
certified emergency medical services agency personnel, as defined
in section three of this article, and the physician during an
emergency situation, the certified personnel is authorized to
deliver the services as authorized in section fourteen of this
article.
(b) In the event of a disaster or other occurrence which
renders the communication system ineffective for purposes of
adequate individual direction between the physician and the
certified emergency medical services agency personnel, the
personnel may perform the services as authorized pursuant to the
provisions of section fourteen and may release immediate control of the patient to any other emergency medical service personnel
in order to provide immediate services to other patients affected
by the disaster or other occurrence.
(c) In the event that services are provided under subsection
(a) or (b) of this section, the emergency medical services
personnel shall, within five days, provide a report to the
commissioner, on the forms prescribed by him or her, of the
services performed, the identity of the patient and the
circumstances justifying the provision of the services. The
commissioner may require any other information deemed necessary.
§16-4C-16. Limitation of liability; mandatory errors and
omissions insurance.
(1) Every person, corporation, ambulance service, emergency
medical service provider, emergency ambulance authority,
emergency ambulance service, or other person which employs
emergency medical service personnel with or without wages for
ambulance service or provides ambulance service in any manner,
shall obtain a policy of insurance insuring the person or entity
and every employee, agent or servant thereof, against loss from
the liability imposed by law for damages arising from any error
or omission in the provision of emergency medical services as
enumerated by this article, in an amount no less than one hundred
thousand dollars per incident.
(2) No emergency medical service personnel or emergency medical service provider may be liable for civil damages or
injuries in excess of the amounts for which the person or entity
is actually insured, unless the damages or injuries are
intentionally or maliciously inflicted.
(3) Every person or entity required to obtain a policy of
insurance as contemplated by this section, shall furnish to the
commissioner on or before the first day of January of each
calendar year proof of the existence of the policy of insurance
required by this section.
(4) In the event that any person or entity fails to secure
a policy of insurance before the person or entity undertakes the
provision of emergency medical services or emergency medical
service agency, whichever occurs last, and keeps the policy of
insurance in force thereafter, that person or entity is not
entitled to the limited immunity created by subsection (2) of
this section: Provided, That any physician, who gives
instructions to emergency medical service personnel without being
compensated therefor, or who treats any patient transported in an
ambulance or treats any patient prior to the transport, without
being compensated therefor, is entitled to the limited immunity
provided in subsection (2) of this section.
§16-4C-17. Limitation of liability for failure to obtain
consent.
No emergency medical service personnel may be subject to civil liability, based solely upon failure to obtain consent in
rendering emergency medical services to any individual regardless
of age where the patient is unable to give his or her consent for
any reason, including minority, and where there is no other
person reasonably available who is legally authorized to consent
to the providing of such care or who is legally authorized to
refuse to consent to the providing of such care.
Nothing in this article may be construed to require medical
treatment or transportation for any adult in contravention of his
or her stated objection thereto upon religious grounds.
§16-4C-18. Authority of emergency medical service personnel in
charge of emergency medical services.
When any department, agency or entity which provides
emergency medical services under the authority of this article is
responding to, operating at or returning from an emergency
medical service, any emergency medical service personnel serving
in the capacity of an emergency medical service line officer in
charge, shall control and direct the providing of emergency
medical services. The emergency medical service personnel
serving in the capacity of an emergency medical service line
officer shall determine whether a patient shall be transported
from the emergency scene, determine what care shall be rendered
prior to the transport, determine the appropriate facility to
which the patient shall be transported, and otherwise fully direct and control the providing of emergency medical services
and patient care under the direction of medical command.
Nothing included in this section may be construed to
restrict or interfere with the authority of a fire officer in
charge to supervise or direct those fire department personnel
under his or her command or to restrict any person from entering
a hazardous area for which the fire officer has assumed the
responsibility.
§16-4C-19. Obstructing emergency medical service personnel;
criminal penalties.
(a) It shall be unlawful for any person to intentionally
obstruct or interfere with any emergency medical service agency
personnel engaged in the act of delivering or administering
emergency medical services. Any person violating the provisions
of this subsection is guilty of a misdemeanor, and, upon
conviction thereof, shall be fined not more than one thousand
dollars or confined in the county or regional jail for a period
not more than one year, or both fined and confined.
(b) It shall be unlawful for any person to willfully cause
bodily injury to any person designated to be an emergency medical
personnel engaged in the act of delivering or administering
emergency medical services. Any person violating the provisions
of this subsection is guilty of a felony, and, upon conviction thereof, shall be confined in the penitentiary not less than one
nor more than ten years or fined not more than five thousand
dollars, or both fined and confined.
§16-4C-20. Service reciprocity agreements for mutual aid.
Any persons or entities providing lawful emergency medical
services under the provisions of this article are hereby
authorized in their discretion to enter into and renew service
reciprocity agreements, for any period as they may deem
advisable, with the appropriate emergency medical service
providers, county, municipal or other governmental units or in
counties contiguous to the state of West Virginia, in the state
of Ohio, the commonwealth of Pennsylvania, the state of Maryland,
the commonwealth of Virginia or the commonwealth of Kentucky, in
order to establish and carry into effect a plan to provide mutual
aid across state lines, through the furnishing of properly
certified personnel and equipment for the provision of emergency
medical services in this state and the counties contiguous to
this state upon written approval by the commissioner.
No person or entity may enter into any such agreement unless
the agreement provides that each of the parties to the agreement
shall waive any and all claims against the other parties thereto,
which may arise out of their activities outside of their
respective jurisdictions under the agreement and shall indemnify
and save harmless the other parties to the agreement from all claims by third parties for property damages or personal injuries
which may arise out of the activities of the other parties to the
agreement outside their respective jurisdictions under the
agreement.
The commissioner is hereby authorized to enter into service
reciprocity agreements with appropriate officials in other states
for the purpose of providing emergency medical services to the
citizens of this state by emergency medical service personnel
properly certified in their respective state or states. A formal
agreement between the commissioner and an authorized official of
another state shall be in effect prior to the service being
provided. Individual certification of other state emergency
medical service personnel is not required for purposes of
providing services to West Virginia citizens following the
creation of the agreement by the responsible officials.
§16-4C-21. Restriction for provision of emergency medical
services by out-of-state emergency medical service
personnel or providers of emergency medical
services.
The commissioner may issue an order on his or her own motion
upon written request of any emergency medical service provider or
county commission in this state, to restrict an out-of-state
provider of emergency medical services or an out-of-state
emergency medical service personnel to a particular geographic area of the state of West Virginia or prohibit the provider or
personnel from providing emergency medical services within the
borders of this state when in the opinion of the commissioner the
services are not required or do not meet the standards set forth
herein or those established by rules as authorized by this
article.
§16-4C-22. Transportation of unconscious or otherwise
uncommunicative patients.
(a) Emergency medical service personnel shall transport
critically ill or injured, unconscious or otherwise
uncommunicative patients to the medical facility designated by
the medical command physician.
(b) No person may have the right to direct emergency medical
service personnel to transport a patient to a specific medical
facility unless the person is the legal guardian, parent of a
minor or has power of attorney for the critically injured or ill
patient.
§16-4C-23. Authority of the commissioner to make rules.
The commissioner shall promulgate rules pursuant to the
provisions of article three, chapter twenty-nine-a of this code
to carrying out the purposes of this article.
__________
FINANCE COMMITTEE AMENDMENTS
On page _____, section five, line _____, by striking out the word "July" and inserting in lieu thereof the word "June";
And,
On page twenty-one, section sixteen, lines four and five, by
striking out the words "one hundred thousand" and inserting in
lieu thereof the words "one million".